Declaratory Statements

A declaratory statement is the sole means for obtaining a binding interpretation or opinion from the Department of Business and Professional Regulation concerning the applicability of statutory provisions, rules or orders over which the Department has authority (Chapters 455 and 468, Part XV, Florida Statutes, and Chapter 61G-3, Florida Administrative Code).

A petition for a declaratory statement may only be used to resolve questions or doubts as to how the statutes, rules or orders may apply to the petitioner’s particular circumstances. A declaratory statement is not the appropriate means for determining the conduct of another person or for obtaining a policy statement of general applicability from the Department of Business and Professional Regulation.

Section 120.565, Florida Statutes, and 28.105, Florida Administrative Code, set forth the requirements for filing a petition for declaratory statement from the Department of Business and Professional Regulation.

Basic requirements (subject to change pursuant to 28.105, Florida Administrative Code) include:

  1. The caption shall read: Petition for Declaratory Statement Before (Name of Agency).
  2. The name, address, any e-mail address, telephone number, and any facsimile number of the petitioner.
  3. The name, address, any e-mail address, telephone number, and any facsimile number of the petitioner’s attorney or qualified representative if any.
  4. The statutory provision(s), agency rule(s), or agency order(s) on which the declaratory statement is sought.
  5. A description of how the statutes, rules, or orders may substantially affect the petitioner in the petitioner’s particular set of circumstances.
  6. The signature of the petitioner or of the petitioner’s attorney or qualified representative.
  7. The date.

Petitions for declaratory statements should be sent to:
Department of Business and Professional Regulation
Division of Real Estate
400 W Robinson St N801
Orlando, FL 32801

Below is a list of previously issued declaratory statements dating back to 1993, indexed by statutes or rule. Please note past statements may be affected by new statute amendments and rule changes, so refer to the Statute/Rule cited to verify whether the information is still applicable. Please note the petitions which have been denied by the Department are not included.

1993

Statute: 475 Part 1 DS 93-01 Kelley E. Geraghty, Esq for Marco Resort, Inc. (MRI)

1999

Statute: 475.42(1)(d) DS 99-004 NRT, Inc. & Coldwell Banker Residential Real Estate, Inc.

2005

Statute: 475.011(2) DS 2005-043 Jennifer L. DeSantis, Esq. for DeSantis Commercial, Inc.

2006

Statute: 475.011(2) DS 2006-021 Southridge Partners I
Statute: 475.452 DS 2006-009 Tomas A Jimenez, Jr

2008

Statute: 475.01(1)(a) DS 2008-022 Management Planning Inc, “MPI”

2009

Statute: 475.011(2) DS 2009-078 Everglades Housing Group, “EHG”

2013

Statute: 475.01(1)(a) DS 2013-040 H Scott Gleason

2014

Statute: 475.01, 475.011 DS 2014-069 WD Schorsch, LLC

2015

Statute: 475.011(2)&(4) DS 2015-001 Retirement Housing Foundation “RHF”, Foundation Property Management, Inc “FPM”

2016

Statute: 475.25(1)(h) DS 2016-069 RedWeek Real Estate
Statute: 475.11(2) DS 2016-084 St Petersburg Housing Authority
Statute: 475.25(1)(h) DS 2016-090 Brokernation Real Estate, Inc

2017

Statute: 475.011(2) DS 2017-082 Pinellas County Housing Authority
Statute: 475.15, Sections 61J2-5.015, 61J2-4.007 DS 2017-084 Serber Associates, PA

2018

Statute: 475.25(1)(h), 475.41 DS 2018-019 Dale Sorensen Real Estate
Florida Administrative Code: 61J2-10.026 DS 2018-054 Deborah L Wise, PA

2019

Florida Administrative Code: 61J2-5.015, 5.016, 5.017 DS 2019-047 Pell Realty, LLC
Florida Administrative Code: 61J2-3.012, 61J2-3.008(2)(a)

Florida Statute: 475.17(2)(a) and (b)

DS 2019-06960 Joy P Ewertz

Need Help?

All requests for publications, documents, forms, applications for licenses, permits and other similar certifications can be obtained by contacting the Customer Contact Center.

Katy McGinnis, Director

Division of Real Estate
400 West Robinson Street, N801
Orlando, Florida 32801

Telephone: 850.487.1395
Facsimile: 850.488.8040